Property will

Legal Opinion

Facts

The deceased, who had no children, executed a registered Will in favour of the applicant and his brother. He passed away recently, and the applicants seek to have the property transferred in their names and safeguard their rights.

Legal Position

1.    Registration of the Will does not by itself transfer ownership.

2.    Obtain the original registered Will, the death certificate, and all title documents relating to the property.

3.    Identify the nature of the property.

o   If it is self-acquired property, the deceased could generally bequeath the entire property by Will.

o   If it is ancestral/coparcenary property, he could ordinarily bequeath only his own undivided share, not the shares of other coparceners.

4.    Mutation of revenue or municipal records

o   Apply to the competent revenue or municipal authority for mutation based on the Will and the death certificate.

5.    If the Will is disputed

o   Any person challenging the Will may institute appropriate proceedings.

o   The beneficiaries must then prove that the Will was duly executed and attested in accordance with Section 63 of the Indian Succession Act, 1925, and its execution must be proved in the manner required by Section 68 of the Indian Evidence Act, 1872 (now reflected in the Bharatiya Sakshya Adhiniyam, 2023 for proceedings governed by the new law).

Opinion

If the Will is validly executed and the deceased had the legal power to dispose of the property covered by it, you and your brother can assert your rights as beneficiaries. However, if the property is truly ancestral/coparcenary property, the Will ordinarily operates only to the extent of the deceased's own share, not the shares of other coparceners.

I need three details to give a precise answer:

1.    Which State is the property situated in?

2.    What was your relationship to the deceased? (e.g., paternal uncle, maternal uncle, cousin, etc.)

3.    When you say "ancestral property", do you mean it came from his father/grandfather and other family members also have a share, or was it inherited by him alone?

These facts will determine whether probate is required and whether the Will can transfer the entire property or only the deceased's share.

There are two beneficiaries named in the Will, if there is a disp[ute between you both then you may file a probate of Will petition before the court of law and get the relief accordingly

Show the document of will to a local prudent lawyer to form proper opinion, professional advise and necessary proceeding.

The will is of ancestoral farming land of my paternal uncle . He inherited it from his father and grandfather he didn't had any children that's why he wrote will to me and my brother now I am from bihar and property is located in buxar bihar itself what are the next step is should and how and where i should go for next procedure as he died one month ago

you can call me for futher legal details